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VALLEY VIEW STATE BANK v. CAULFIELD

No. 59,303

11 Kan. App. 2d 601 (1987)

731 P.2d 316

VALLEY VIEW STATE BANK, Appellee, v. CALVIN L. CAULFIELD and MARTHA L. CAULFIELD, Appellants. Rev. granted April 3, 1987.

Court of Appeals of Kansas.

Opinion filed January 15, 1987.

Attorney(s) appearing for the Case

John A. Holtmann, of Elliott & Holtmann, of Overland Park, for the appellants.

J. Stewart McWilliams, of Linde Thomson Fairchild Langworthy Kohn & Van Dyke, P.C., of Overland Park, for the appellee.

Before ABBOTT, C.J., HARRY G. MILLER, District Judge Retired, assigned, and JAMES J. NOONE, District Judge Retired, assigned.

ABBOTT, C.J.:

This is an appeal by Calvin L. and Martha L. Caulfield from a judgment denying their setoffs in a mortgage foreclosure action. The Caulfields claim they are entitled to certain refunds and penalties as setoffs to their obligation to Valley View State Bank because of alleged violations of the Uniform Consumer Credit Code (UCCC) by Valley View.

The salient facts can be highly summarized in this case. The Caulfields executed a series of mortgages...

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